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United States v. Hurd

United States Court of Appeals, Eighth Circuit

May 8, 2015

United States of America, Plaintiff - Appellee,
v.
Chandan Prentiss Hurd, also known as Jermaine Riley, also known as Chandon Prentice Hurd, Defendant - Appellant

Submitted March 13, 2015.

Page 312

Appeal from United States District Court for the District of Minnesota - St. Paul.

For United States of America, Plaintiff - Appellee: LeeAnn K. Bell, Assistant U.S. Attorney, Manda M. Sertich, Assistant U.S. Attorney, U.S. Attorney's Office, District of Minnesota, Minneapolis, MN.

For Chandan Prentiss Hurd, also known as: Jermaine Riley, also known as: Chandon Prentice Hurd, Defendant - Appellant: Shannon Elkins, Assistant Federal Public Defender, Federal Public Defender's Office, Minneapolis, MN.

Chandan Prentiss Hurd, also known as: Jermaine Riley, also known as: Chandon Prentice Hurd, Defendant - Appellant, Pro Se, Terre Haute, IN.

Before WOLLMAN and COLLOTON, Circuit Judges, and WHITE,[1] District Judge.

OPINION

Page 313

WHITE, District Judge.

Chandan Prentiss Hurd (" Hurd" ) pleaded guilty to a single count of being a felon in possession of a firearm, in violation of 18 U.S.C. § § 922(g)(1) and 924(a)(2). The district court sentenced Hurd to 71 months imprisonment. Hurd appeals his conviction and sentence following the district court's[2] denial of his motion to suppress evidence seized during a stop and search. We affirm.

I.

In the early hours of March 23, 2013, Minneapolis Police Department Officers William Martin and Nicholas Englund were on patrol in the Second Precinct in Northeast Minneapolis. This area of the Second Precinct experienced higher levels of criminal activity, especially narcotics transactions and domestic disputes. Officers Martin and Englund observed a car stopped in the middle of the road with Hurd standing outside the car next to the driver's side window. Based on the high-crime location, the darkness of the area where the car was parked, the cold temperature, and the absence of houses or buildings on the block, Officer Martin found it odd to see someone standing outside a car, and he suspected a narcotics transaction was taking place.

Officer Martin turned the car around, and Officer Englund informed dispatch that they were investigating a suspicious vehicle. Officer Martin stopped the squad car behind the other car. Hurd started to approach the squad car with his hands in his jacket pockets. The officers exited their vehicle and ordered Hurd to remove his hands from his pockets. Hurd initially took out his hands but then put them back in his pockets a few seconds later. Hurd continued to approach the officers with his hands in his pockets, despite continued orders to remove them. The officers subsequently grabbed Hurd and placed him over the hood of the squad car. Hurd still refused to take his hands out of his pockets, and officer Martin reached into the pocket and felt the butt of a handgun. The officers were able to pull the gun from the pocket and learned that it was a loaded, cocked .45-calibur pistol, whereupon Hurd was handcuffed and arrested.

Hurd was charged with being a felon in possession of a firearm. He moved to suppress the evidence obtained as a result of the search and seizure, arguing that the officers had no reason to conduct a Terry[3] stop because they lacked a reasonable, articulable suspicion that criminal activity was afoot. After an evidentiary hearing, the magistrate judge[4] issued a Report and Recommendation denying the motion to suppress. The district court issued an order adopting the Report and Recommendation, concluding that the fact ...


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